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A atuação das agências reguladoras e os compromissos governamentais assumidos na política nacional das relações de consumo: a função mediadora da ANAC (Agência Nacional de Aviação Civil) na redução da vulnerabilidade do consumidor
(Centro Universitário do Estado do Pará, 2021-10-01) Agrassar, Hugo José de Oliveira; Soares, Dennis Verbicaro; http://lattes.cnpq.br/9961080231553419; Holanda, Fábio Campelo Conrado de; http://lattes.cnpq.br/6078803341806941; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478
The need for consumer protection arose with the urgency of achieving national development, forming an egalitarian and prosperous society, even within the capitalist economic system, which in the so-called liquid modernity is shown to be more unequal, with consumption guided by the increasing and volatile seduction and no longer by normative regulation. The consumer protection norms in the social state of rights with the aim of ensuring material equality in consumer relations that are structurally unbalanced in nature. The services that were previously provided directly by the public authorities started to be provided by private agents, with the State becoming the regulatory entity based on the duty of consumer protection, and the effectiveness of fundamental rights reinforces the need to protect individuals against the performance of the State and against the performance of economic groups. Thus, the role of regulatory agencies in fulfilling the governamental commitments assumed in the National Consumer Relations Policy (PNRC), which must intervene in the market to protect the most vulnerable party, the user of the public service or consumer, arises. However, the performance of these regulatory agencies has called into question such assumed commitments, in spite of propagating the discourse to the contrary, claiming that they do so to improve the public service granted to the private sector. It is, therefore, precisely because of the need to guarantee the universality and quality of services provided by the private sector, that regulatory agencies must act to protect consumers, in order to avoid the deprivation of their freedom of consumption as a result of the economic insecurity that it is related to the absence of democratic rights and freedoms. Otherwise, the triumph of globalized capitalism will be propagated over consumers who will be supplanted by the power of financial markets and consumer markets, to the detriment of the rules that govern the PNRC. ANAC (National Civil Aviation Agency) is included in the list of these regulatory agencies (Law No. 11,182/2005), and its performance is discussed in relation to the government commitments assumed in the PNRC regarding the regulation of public services provided by companies aerial. The general objective of this dissertation is to analyze whether the Brazilian State, through ANAC, has been fulfilling the commitments assumed in the PNRC before public service concessionaires, mainly in their role of mediating conflicts between the economic interests of airlines and the information society. consumers. To achieve this goal and seek answers to the questions raised elsewhere, the dissertation will be developed primarily through the deductive method with consultation of national and foreign doctrinal material and the jurisprudence that is formed on the subject of the performance of regulatory agencies in consumer protection, starting from from a general analysis of regulatory agencies to a specific analysis in relation to ANAC. It was concluded that ANAC is still far from fulfilling the commitments assumed at the PNRC, mainly in its mediating role in conflicts between the economic interests of airlines and the consumer society, the adoption of collective consumer guardianships being a good way to achieve this, especially in the extrajudicial área (multi-door system provided for in the Code of Civil Procedure).
A democracia de Enrique Dussel como fundamento para efetivação do novo constitucionalismo da América Latina: a análise dos dispositivos constitucionais do conselho de participação e cidadania do Equador, da plurinacionalidade e da jurisdição boliviana
(Centro Universitário do Estado do Pará, 2021-02-23) Ferreira, Gabriela Brito; Pinheiro, Victor Sales; http://lattes.cnpq.br/0416222855469529; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Taxi, Ricardo Araújo Dib; http://lattes.cnpq.br/2208519070757294
This dissertation aims to understand decolonial thinking, using it as a source for the emergence of the practice of New Constitutionalism in Latin America, demonstrating a paradigm transition and the importance of thinking the existing models from new perspectives. In this context, the new Latin American Constitutional model is presented and detailed, as well as its challenges, which imply the argument of a certain popular participation devices ineffectiveness and focuses on these countries' plurinationality. Thus, the dissertation starts from the hypothetical deductive method, which through a line of reasoning deduces from pre-established information. It presentes a qualitative approach with documented bibliographic review procedure, investigates scientific articles, books and videos on decolonialism, Latin American democracies and the Latin American New Constitutionalism. This is an explanatory research, as it tries to bring explanations about the coherent themes, as well as about the history of the Latin American countries. Therefore, the work sought to answer: How does the democratic theory, contained in the work “Carta a los Indignos” by Enrique Dussel, enable the practice of constitutional provisions which are in the Latin American New Constitutionalism third Cycle? Based on this point of view, the dissertation presents Dussel's democratic essay recovering the union of participatory and representative democracy, constantly and wrongly placed as opposites. In his view, legitimacy is presented from the perspective of popular sovereignty, being the most important, however, to make it reasonable in populous countries, as Latin American countries are, it becomes necessary the appreciation of representative democracy in order to solve the demands presented by participatory democracy. In this way, the dissertation, through the theory of Enrique Dussel, tries to bring a response to the inefficiencies of certain provisions in the Latin American New Constitutionalism Constitutions, giving even more legitimacy and urgency to its real effectiviness.
A legitimação fundiária do imóvel público na REURB e sua discussão constitucional (ADI 5.883/STF): teorias socioeconômicas da posse em áreas devolutas e sua aplicação prática
(Centro Universitário do Estado do Pará, 2022) Teixeira, Ricardo Santiago; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Fonseca, Luciana Costa da; http://lattes.cnpq.br/3383269305393137; Dias, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
Brazil was colonized by the Portuguese using a Portuguese normative system, based on possessions for cultivation, demarcation, housing and payment of tributes. This is how the Brazilian land system was born, with possessions and their social, economic and labor functions, which is why all Brazilian lands are considered public in their origin. The present study seeks to analyze the possibility of applying urban land regularization, based on the REURB Law (no. emphasis on the prohibition of adverse possession of public lands and absence of compensation for the loss of land. By approaching the subject in a qualitative way, the objective is to better understand the new legal institute of land legitimacy and its constitutional discussion; with applied research, it is intended to find the best solution for land legitimation in public lands and with bibliographic research on doctrines, laws and jurisprudence, an analysis is carried out on themes of constitutional, civil and economic law, emphasized in the theories of the social function of possession and ownership. This analysis is necessary to confront the basic problem, given the constitutional prohibition of adverse possession of public lands, to address the general objectives regarding land legitimation in the REURB, as well as the specific objectives on the original acquisition of property, both public and private lands, and its allegedly affected constitutional confrontations. As it is a topic under constitutional discussion, with great possibilities of directly affecting any occupant of a consolidated informal urban nucleus, the research becomes relevant not only juridically but also socially and economically. In the end, it seeks to identify the extent to which unregistered public property, informally occupied by a private individual, fulfills its socioeconomic function, as well as whether land legitimation could solve this problem of regularization.
As novas tecnologias de informação e comunicação e seus impactos na democracia contemporânea
(Centro Universitário do Estado do Pará, 2021) Rodrigues, Cristina Pires Teixeira de Miranda; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Freitas, Juliana Rodrigues; http://lattes.cnpq.br/0679636700210902; Villas Boas, Regina Vera; http://lattes.cnpq.br/4695452665454054
This study intends to make a critical reflection about the effects of new information and communication technologies on contemporary democracy. Within this universe of digital platforms and applications, the use of these tools in the latest electoral campaigns in some democratic countries has sparked interest in more closely analyzing the effects of new technologies on the democratic process, as well as on democratic institutions and the citizen. Can the democratic regime be favored or weakened by new information and communication technologies? Is it possible for citizens to fully exercise their citizenship through new technologies? The research now developed has a theoretical-descriptive character and qualitative bias, with a critical and reflective perspective. The deductive method, of historical-comparative procedure and the bibliographic research technique specialized in the researched subject are used. After the research, it was concluded that the new information and communication Technologies represent important advances for society, with benefits for both the citizen and for democratic institutions that can facilitate the dialogue between political agents, as well as giving back to the citizen not only control over public policies to be implemented according to the needs of the population, as well as responsibility for collective decisions to be taken for the full economic, political and social development of humanity. However, it must be borne in mind that digital tools are not the magic solution that can solve complex problems and the crisis that affects the democratic regime. For the positive effects of new technologies to be a reality in democratic societies and to be able to rescue the democratic values so worn out by the successive crises faced, it is essential that minimum conditions are implemented or at least debated by all civil society and political agents. Only after this debate, will the use of technological resources be able to favor democracy.
O direito à saúde e a emenda constitucional nº 95 diante da regra da proporcionalidade
(Centro Universitário do Estado do Pará, 2017) Alves, José Antônio de Oliveira; Bastos, Elísio Augusto Velloso
This dissertation approaches the rule of proportionality as an instrument to solve the specific conflict between Constitutional Amendment No. 95, which prevents the increase of expenditures, proposed by the Government to rebalance the public accounts and resume economic growth, and the constitutional right to health. Faced with the economic crisis, although the State is obliged to take some measures to overcome the problem, it is necessary to reflect whether such measures justify, for its execution, the production of some damage to fundamental rights, especially the right to health, due to its Importance in the constitutional context. For the management of the rule of proportionality, Aharon Barak's approach was chosen, needing a previous theoretical discussion of the theory of principles and the elements of proportionality, comparing his approach, especially to that of Robert Alexy, one of the foremost professors on the subject. To understand the background of the conflict, we discussed the meaning of the constitution and its objective to constitute a State of Social Welfare within a context of economic neoliberalism, symbolized by the Washington Consensus. When propperly applying the rule of proportionality, to solve the conflict, many economic elements were analyzed, based on research related to the theme, carried out by several authors both internationally and nationally. The conclusion drawn from the rule of proportionality, applied with the help of economic elements, was that constitutional amendment 95 is disproportionate, having, as a result of the study of tax multipliers, little possibility to fulfill the objectives assigned to it by the State, and under the social cost of producing great harm to the right to health. The conclusion also showed that there are other alternatives, such as the suspension and auditing of the Brazilian public debt and the regulation of the tax on large fortunes, which when compared with the constitutional amendment nº 95, have been shown to be more likely to achieve the intended state purposes to rebalance the public accounts and help the resumption of growth, and, at the same time, without damaging the constitutional right to health.
Federalismo cooperativo e política nacional de educação: mito ou realidade?
(Centro Universitário do Estado do Pará, 2019) Campos, Nelma Lima e Silva; Simões, Sandro Alex de Souza; http://lattes.cnpq.br/2124140489726435; Dantas, Elza Ezilda Valente; http://lattes.cnpq.br/3951303999926297; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478
This dissertation has its construction based on scientific research, and intends to answer the following question: do the national curricular bases reveal themselves as a demonstration of a problem of the Brazilian federative asymmetry? Its guiding principle is the following hypothesis: yes, the national curricular bases reveal the progressive tendency of the Brazilian State to centralize public policies, as, for example, in the area of Education, as a response to the problem of federative asymmetry. Its main objective is to understand if the Brazilian State's way of dealing with asymmetry has been to progressively centralize government responses, as well as public policies in the area of Education. As specific objectives, it is proposed to: 1) analyze the relationship between educational policy and the Brazilian federal state; and 2) identify whether cooperative federalism is still preserved in the Brazilian Federal State. To unveil the object of research, it was necessary to provide theoretical support from authors who investigate federalism, public and educational policy and basic education, among which the following stand out: Baracho (1995), Bercovici (2004), Horta (2010), Ramos (2013a, 2013b), Oliveira, R. (2010), Abicalil (2013), Dourado (2010, 2013), Saviani (2014, 2005) and Stefano (2015). It adopts the paradigm of qualitative research, and as instrument for data collection, bibliographic research. This study confirms the hypothesis that guides it, considering that the Union has been moving towards centralism, thus delimiting the field of action of state governments and municipalities. In this sense, it has adopted some mechanisms that confirm this conduct, mainly with regard to the adoption of budgetary containment policies. In analyzing the results, the study concludes that the Union has not developed its actions based on federal cooperation, since, instead of promoting the participation of other entities in the management of problems and contributing to the strengthening of those who do not have adequate conditions to face those problems, that, although local, are in the same federative space, it has presented solutions unilaterally. The research seeks to understand how the Union has been dealing with the problem of asymmetry, and observes a persistent policy of standardized treatment that is extended to all federated entities, although they are not the same. This policy has been manifested, mainly, by the centralism of the Union, where federated entities are not compelled to adapt to national guidelines that, increasingly, limit their roles and their competences. It is in this sense that we can say that cooperative federalism has been secondary. And despite the questioning presented in the title of this dissertation, it is possible to conclude that, in the way that this relationship between cooperative federalism and national education policy has been established, it has been shown to be increasingly distant from “reality” and closer to the "Myth".
O limite da desinformação
(Centro Universitário do Estado do Pará, 2020-08-28) Kizan, Lucas Prado; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Bessa, Leonardo Roscoe; http://lattes.cnpq.br/8075469627278672; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576
This research addresses the phenomenon of mass disinformation under social, technological and legal aspects. The process of formation and influence of (and in) public policies is presented, as well as the Brazilian internet governance. The national normative structure is managed to explain applications and uselessness of certain legal instruments existing in the battle against misinformation. The research is carried out based on bibliographic analysis, with the application of qualitative techniques, with the analysis of speeches, ideas, studies, articles, and other bibliographic materials. The hypothesis lies in the possibility of limiting the reache of opinions and thoughts on the network, as a way of balancing freedom of speach and the right to information. Solutions are presented in the form of an efficient action model to combat fake news.
Políticas públicas de acesso à medicamentos e judicialização do direito à saúde: análise a partir do estudo das ações judiciais interpostas em desfavor do estado do Pará, no ano de 2016
(Centro Universitário do Estado do Pará, 2019) Santos, Andreza Casanova Vongrapp; Verbicaro, Loiane da Ponte Souza Prado; http://lattes.cnpq.br/4100200759767576; Bastos, Elísio Augusto Velloso; http://lattes.cnpq.br/9156547826965478; Caldato, Milena Coelho Fernandes; http://lattes.cnpq.br/9477878606835309
The research intends to study the right to health by relating it to the public policies that oppose it and to demonstrate the importance of understanding the implementation of these policies by the agents who act in the demands that seek to ensure, by judicial means, access to health goods and services, especially of drugs, object of the study. The work will make a historical cut to revisit the origin and evolution of the concept of social rights, understand its meaning and the way it was incorporated, how it was developed and how it influenced the guidelines that currently guide the right to health, recognizing that reality social current state demand a huge range of activities for the guarantee of citizenship. It will seek to understand the foundations of social rights as fundamental rights and the elements that guarantee their protection. It will analyze the process of judicialization through which access to health in particular to the drug, presenting the existing public policies and discussing the importance of the legal operators, who act in the judicial actions in health, understood the policies instituted. The discussion will be based on the study of data filed against the State of Pará in the year 2016, obtained from the Attorney General of the State of Pará. The work was developed based on the bibliographic review of works related to citizenship, social rights, Welfare State, public health and health judicialization. The data presented demonstrated that it is necessary to stimulate the multidisciplinary debate between the justice system and the health system and to acknowledge the new arenas of discussion that arose after the CNJ's action in order to promote the rationality around the judicialization of health considering that the current model does not contribute to the realization of the social right to health, either by not reaching existing public policies or by proposing new public policies.

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